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In the Eligon tragedy, the officer who shot and killed the mentally ill man on Milverton Blvd. was cleared of criminal wrongdoing because the officer was judged to be “in imminent risk of death or grievous bodily harm.”

However, even then, Special Investigations Unit Director Ian Scott admitted there were still many unanswered questions, including whether front-line officers should receive different training to deal with these situations and should they be issued tasers?

Some of these questions may be addressed at a coroner’s inquest, but as a general rule, there’s a two-year gap between a death and an inquest.

As in all cases examined by the SIU, the police watchdog agency, there is a cone of silence on the investigation, partly through law. The integrity of the case must be protected because the police officer who shot the 18-year-old to death may be criminally charged.

The SIU, which investigates serious injury, death and sexual assault involving police, has carriage of the case.

By law, the Toronto police can’t comment on the case until the SIU probe is completed.

The TTC won’t comment, either, as part of its policy. The transit organization won’t even identify the driver or indicate if that employee is on leave.

“Because the matter is under investigation and our employee is a witness, we are cognizant of the employee’s right to privacy and, as an employer, our obligation to protect that right,” TTC spokesman Brad Ross told the Star in an email.

The SIU has assigned six investigators and two forensics investigators.

There are tools that will help them in the investigation.

A key piece is the witness video showing extensive footage of the standoff in the empty streetcar with police officers training their guns on the 18-year-old.

In the video, it’s clear that nine shots were fired by police, and the sound of a taser is also heard following the shots.

However, the video presents only one perspective. The SIU will need to get other perspectives through other video and interviews, as well as forensics.

That officer, identified as Const. James Forcillo, has the legal right as a subject officer to refuse an interview with the SIU and refuse to turn over his notes.

In data obtained by the Toronto Star in 2011, only 38.2 per cent of subject officers submitted to an interview and turned over their notes in 45 investigations.

That number was worse the year before: 31.7 per cent in 40 investigations. Some officers, however, agreed to interviews but refused to submit their notes, and vice versa.

Those same rights are not accorded to the witness officers.

They must submit to an interview but, as with subject officers, they have the right to have a lawyer present.

One of things that won’t be disclosed to the public through official channels is the identity of the officer who fired the shots.

The SIU says on its website that “the release of such information is prohibited by the Freedom of Information and Protection of Privacy Act both before and after the case is closed.”

If a charge is laid, that name would become public because the case would be lodged with the court.

Here’s what will happen next:

The SIU will comb through any other video that investigators can obtain, either from the TTC security cameras or from other witnesses.

Investigators will also have to do forensics to determine how many bullets struck the victim and how many might have missed. The SIU says Yatim was struck multiple times. In the shooting death of Eligon, three bullets were fired, but it was later found that two were errant, with one striking a window and another a garbage can.

Investigators will try to examine how far away the police officer was from Yatim when the shots were fired.

Investigators will have to determine the kind and length of knife Yatim was carrying.

Investigators will have to determine, to the best of their knowledge through interviews, Yatim’s state of mind.

Investigators will have to determine what Yatim was shouting at the police, and determine whether he was aggressive towards them in action and words.

Investigators will have to determine, through interviews with passengers, the sequence of events on that trip on Dundas St. W., west of Bathurst St., just past midnight on Saturday, when Yatim is alleged to have ordered everyone off the bus.

Toronto Police Chief Bill Blair will conduct his own investigation into the incident to examine the police officer’s conduct (the officer has been suspended with pay) and whether there were any failings in the policies and procedures of the police. He will complete this investigation within 30 days of the SIU completing its probe, and he will report the results to the Toronto Police Services Board.

Under the Police Services Act, the SIU Director has the sole authority to decide whether charges are warranted.

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